Inter Faith Marriages

                          Inter Faith Marriages-Some Issues

AS per an Independent non religious organization there are about 4300 religions in the world in practice. Out of these five religions together are practiced by about 75% of the population and 20 religions combined together cover about 93% of the population. As per law the Hindu religion also includes Sikhs, Jains and Buddhist. In India Buddhism is legally not considered a spate religion as it originated from India but outside India it is regarded as a separate religion.

Now every religion other the Hindu and Bahai expect that the marriage is between two persons belonging to the same religion and the marriage is considered valid or legal only if both the persons belong to the same religion or conversion takes place if it is between two persons belonging to different faith. In India the Christian marriage is governed by Indian Christian marriage Act 1872 and the Muslim marriage under the Shariat Act. In both the religions the marriage is to be performed only between persons belonging to same religion otherwise it is illegal unless before marriage conversion takes place.  Muslim law prohibits marriage between Kitabia( Those who believe in divine book)and a non kitabia (This includes idol, fire or sun worshipers) but a Muslim can marry a  Christian or a Jew.

As per the personal laws of other religions once you go through the marriage ceremony as prescribed in their law then it implies that one has accepted the religion as his religion, whether knowingly or unknowingly, and the marriage ceremony is between two persons belonging to the same faith. Therefore, by undergoing Nikah or a church marriage means that one has converted to that faith. In India by law it is the first marriage ceremony which is given legal acceptance and recognition, other ceremonies or marriage rituals as per other religion after that are only considered ceremonial.

Once you convert from being a Hindu to any other religion then the Hindu succession, Inheritance, Adoption and other Hindu related laws do not apply to you and you are legally debarred for any share in your parent’s or ancestral property but will be governed by the personal law of that religion. If you married first under the religious rituals of a particular religion then the personal law of that religion will apply to you  unless you first married under the Special Marriage Act 1954 and then as per your other spouse’s religious practices. In this case both will be governed by Indian Succession Act and not as per the personal law of each other’s religion in respect of marriage, divorce, succession, adoption, etc. Even after conversion you may still like to retain your old name and other related documents but your religion will be that to which you converted whether knowingly or unknowingly. To avoid this dilemma it would be better if after changing religion one take a gazette notification for the public to know that you have changed your faith.

Hindu marriage act contains no such clause of debarring marriage between persons belonging to different faith and persons belonging to different faith can legally marry as long as the main ceremony of sath phere or saptpadi or similar ceremony is performed as per Supreme Court judgement. It is possible that some priests may refuse to perform the marriage. But again as per the personal and marriage laws of other religions except Hindu and Bahai the marriage is illegal. Hence it is very much likely that the girl or boy may face issues connected to their faith and even may be refused funeral rights as per their religion and may lose connection with their family and community. But it all depends on the individual and families. Allahabad and Tamilnadu high court have held that marriage is void or illegal if the conversion was for the sake of marriage only. They have observed that there is no need for conversion as the marriage between two persons belonging to different faith can easily take place under the Special Marriage Act 1954 and conversion for the sake of marriage is not required. But however if a person wants to convert to Hindu faith then no ceremony is required as per Supreme Court and only a declaration by the person that he is a Hindu and follows Hindu practices is sufficient. Even if a person wishes to convert from any faith to another faith then it is his right to do so by following the practices of conversion to that faith.  If one coverts to another religion then it would be better to take out a gazette notification that one has changed his religion and now his religion and name will be such and such.

Therefore in the end the conclusion is clear and is also opinion by various courts that in case of inter faith marriage the best option is the marriage to be performed under Indian Special Marriage Act 1954.also referred to as court marriage first and later as per the individual’s religious practices if required as a social obligation.